Galbraith-Foxworth Lumber Co. v. Long

On Motion for Rehearing.

In its motion for rehearing, the Fidelity & Deposit Company of Maryland has asserted that appellant, having purchased of Barnes, the contractor, the note and mechanic’s lien contract executed by appellees to Barnes, is a mere volunteer, as that term is used in subrogation cases, and hence is not in a position to claim the right of subro-gation. If the Fidelity Company be correct in its assumption that appellant i® a mere volunteer, then the legal conclusion it draws must be allowed. However, is appellant a mere volunteer? The undisputed evidence is that, at the time…